Submission to: 90th session of the Committee on the Elimination of Racial Discrimination (CERD) July 2016 Racial Discrimination in Sri Lanka Introduction 1. Notes that Sri Lanka acceded to the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) in 1982, and it submitted the last periodic reports to the Committee on the Elimination of Racial Discrimination in 2000. Regrets with concern the delay in submissions of the latest periodic reports. 3. Sri Lanka is a multi-ethnic and multi-religious society comprising one large ethnic group (Sinhala) and several much smaller ethno-religious groups: North-Eastern Tamils (11.1% in the total population); Muslims (9.3%); and Up-Country Tamils (4.1%)1, and Tamil is their first language. 4. The three decade of the ethnic conflict which resulted in a full blown war in 2009 has impacted the majority-minority relations in the island, leaving behind challenges within the constitutional, legal and policy framework of the minority rights discourse including the stark reality of a narrative of bi- polarization of the political imagination of a multi-ethnic society; marginalization through displacement and within minorities. No doubt that the new government will be confronted with the every reality of the war as it grapples with the establishment of mechanisms for reconciliation, truth seeking, non-recurrence and accountability. 5. One estimate suggests that 75,000 people were killed as a result of the war since 1983. 290,000 persons were displaced often on multiple occasions. In March 2009, estimated 150,000 to 190,000 people, most of those were North-Eastern Tamils, were believed to be trapped in a small corner of the Vanni, subjected to the forced LTTE conscription and denial of the freedom of movement,2 under constant shelling and with insufficient water, food and medical care.3 6. Since the decolonization in 1948, there has been legal, political and economic discrimination of minorities including racist violence against them. For examples: the disenfranchisement and deprivation of the citizenship of Up-Country Tamils; the ‘Sinhala Only’ language policy; anti-Tamil riots such as in 1958, 1977 and 1983; discrimination in access to State lands and development funds4; and poor quality of housing, health and education in estates5. 1 Census of Population and Housing of Sri Lanka (2012), Table A3: Population by district, ethnic group and sex, Department of Census and Statistics, Sri Lanka. These figures are from the last all-island census in 2011. As a result of the war, there has been a considerable migration of Tamils of North-Eastern origin from Sri Lanka, partly compensated in numbers by population increase and better enumeration of the Muslim and Up-Country Tamil communities 2 UN News Centre (26 March 2009), “Sri Lanka: UN relief chief reiterates concern over civilians trapped by fighting”, http://www.un.org/apps/news/story.asp?NewsID=30310#.V4NgGvmLSM8, last accessed on 11 July 2016. 3 International Committee of the Red Cross (17 March 2009), “Sri Lanka: ICRC continues to help civilians as crisis escalates”, https://www.icrc.org/eng/resources/documents/update/sri-lanka-update-170309.htm, last accessed on 11 July 2016. 4 Elizabeth Nissan/ Minority Rights Group (1996), “Sri Lanka. A Bitter Hatred”. 5 Lessons Learnt and Reconciliation Commission (LLRC) (2011), “Report of the Commission of Inquiry on Lessons Learnt and Reconciliation”. 1 7. The Northern Muslim populations were forcibly evicted from their homes and lands by the Liberation Tigers of Tamil Eelam (LTTE) in 19906. 8. Tamils of Indian origin, also known as plantation Tamils or Up-Country Tamils, comprise about 4.1% of the Sri Lankan population7. They were originally brought to work as bonded laborers in the tea, coffee and rubber plantations in Sri Lanka by the British around 1820 during the colonial period8. Some Tamils of Indian origin came to Sri Lanka as traders and settled in Colombo and other urban areas9. A large part of the Indian Tamil population remains in the central, plantation areas of Sri Lanka, while approximately 6% of them have moved to other parts of the country in search of various employments10. Article 4 Intolerance of minorities can be found in the highest echelons of the State including the Army Commander and a Minister of the former regime. These statements have not been condemned by the government. It underlines that when such sentiments of racial superiority from persons in power are not denounced by State authorities and politicians, it legitimizes racist ideologies and practices among other State actors within the public institutions and society. The rise of religious intolerance manifested in the attacks against the minority communities are another concern. The attacks include restrictions on construction and/or expansion of places of worship of religious minorities and on freedom of religion through an initiative to enact legislation on unethical conversions, and widespread impunity for such acts.11 Bodu Bala Sena (BBS), a hardline Sinhala Buddhist organization, is often involved with or responsible for those attacks. Article 5 There have been push backs in human development indicators in the North and East that 46% of children aged 3-59 months are underweight in comparison to 29% in the rest of the country. Only 46% of the population in the North and East has access to safe drinking water compared to 62% in the rest of the country12. Ethnic minorities remain under-represented in the public sector employment in comparison to their proportion in the population, including national schools and divisional secretariats. Up-Country Tamils constitute 0.31%, Muslims constitute 3.29% and North-Eastern Tamils constitute 5.26% of State sector employees,13 and that their representation in the provincial public sector is only slightly better, 6 Imtiyaz, A.R.M, and Iqbal, M.C.M. (2011), “The displaced northern Muslims of Sri Lanka: Special problems and the future”, Journal of Asian and African Studies, pp: 376 – 379 7 Census of Population and Housing of Sri Lanka (2012), Table A3: Population by district, ethnic group and sex, Department of Census and Statistics, Sri Lanka. 8 De Silva, C.R. (2011), “Sri Lanka – A history” (revised version), p. 262 9 Fulbright Commission, “Sri Lanka – an Overview”, http://www.fulbrightsrilanka.com/?page_id=561, last accessed on 9 July 2016. 10 Radhakrishnan, V (1948), "Indian origin in Sri Lanka: Their plight and struggle for survival". 11 See the Tables 01, 02, 03 of this report. 12 World Bank (2007), “Sri Lanka Poverty Assessment”, Colombo 13 Department of Census and Statistics (2006), “Census of Public and Semi- Government Sector Employment - 2006”, http://www.statistics.gov.lk/CPSGSE06/index.html, last accessed on 11 July 2016. 2 where Up-Country Tamils constitute 1.94%, Muslims constitute 5.87% while North-Eastern Tamils constitute 13.7%.14 Poverty in the estate sector (almost exclusively of Up-Country Tamils) is endemic, according to the World Bank. The poverty headcount in estates is 7 percentage points higher than the national average15. Right to housing is a serious problem faced by the plantation community. According to the Household Income and Expenditure Survey (HIES) conducted in 2009/10, 56.1 % of the plantation workers continued to live in “line rooms”. According to the Center for Poverty Analysis (CEPA), this figure was 56.9% by 201516. The design of these “line-rooms”, usually, a single room in barrack-type residential units, does not provide a healthy environment for the inhabitants. These houses constructed during the British rule remain unchanged. The health care system in estates is poorer than other regions. According to the survey conducted by an NGO working in these areas, children in estates have low birth weight, remain stunted and under-weight compared to those in other regions in the country17. Moreover, women from the minority communities confront multiple forms of discrimination including gender-based violence, discriminatory personal laws18, unequal access to land and public resources. Following a change in the electoral system to a proportional representation system, minority political parties can play an influential role in Sri Lankan politics. The Sri Lanka Muslim Congress (SLMC), the largest Muslim political party, and the Ceylon Workers Congress (CWC), representing Tamils of Indian origin, have been in a position to make and break governments. Because these parties held sufficient seats to enable the formation of coalition governments, the party leadership was able to negotiate with the ruling party and win several key ministerial portfolios. Yet, self-determination and self-governance have been critical demands of minority groups for over half a century in Sri Lanka. Under the current legislative framework, the 13th Amendment to the Constitution, the Provincial Councils Act No.42 of 1987 and enabling legislation (the brainchild of India that was introduced as part of the Indo-Lanka peace pact in 1987) provide some level of devolution of power to the provinces.19 Yet, the 13th Amendment is limited both on paper and in practice. Case Study: Tamils of Indian origin living in the plantation sector The situation of plantation Tamils is exceptional and requires specific attention. The community has been marginalized and side-lined for decades and faced major political, economic and social rights violations. As Sri Lanka charters its post-conflict future, it is crucial that this community does not continue to be neglected. Although plantation Tamils were not directly involved in the conflict, because of their Tamil name and identity they have faced similar human rights violations to North- Eastern Tamils such as arbitrary arrests and detention under the Prevention of Terrorism Act (PTA). 14Ibid 15 World Bank, “Sri Lanka – Overview”, http://www.worldbank.org/en/country/srilanka/overview , last accessed on 11 July 2016. 16 Center for Poverty Analysis (CEPA) (May 2015), “Poverty in the Estate Sector: has it turned the corner?”, http://www.cepa.lk/blog/details/poverty-in-the-estate-sector-has-it-turned-the-corner-- e12dc7f68939e8b4f5c525ff40899a65.html, last accessed on 11 July 2016.